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Patna High CourtCR. MISC./9513/2023allowed

Deepak Kumar Mandal@Deepak Kumar v. The State Of Bihar

2023-09-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9513 of 2023 Arising Out of PS. Case No.-135 Year-2017 Thana- PHULPARAS District- Madhubani ====================================================== DEEPAK KUMAR MANDAL@DEEPAK KUMAR S/O Suryanarayan Mandal R/O Village- Belha, P.S- Phulparas, District- Madhubani ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saroj Kumar, Adv.

For the Opposite Party/s :

Ms.Renu Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-09-2023 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 354 (B) of the Indian Penal Code and Section 8 of POCSO Act.

3. Allegedly, petitioner is said to have tried to commit rape with the informant's daughter.

4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. No such occurrence as alleged ever took place. Petitioner has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. There is admitted land dispute between the parties. It is further submitted that after investigation, the police had filed final from against the

Patna High Court CR. MISC. No.9513 of 2023(5) dt.18-09-2023 2/2 petitioner, but differing from the final form learned Court took cognizance against him. Petitioner has no criminal antecedent as mentioned in para-3 of this

7. Learned APP for the State opposes the prayer for bail.

8. In that view of the matter, as final form has been filed against the petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Phulparas P.S. Case No. 135 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T